Walker v Wakehurst Golf Club Ltd [2011] NSWADT 213

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Walker v Wakehurst Golf Club Ltd [2011] NSWADT 213 Hearing dates: 16 May 2011 Decision date: 05 September 2011 Jurisdiction: Equal Opportunity Division Before: A Scahill, Judicial member E Heiss, Non Judicial member J Schneeweiss , Non judicial member Decision: The complaint of discrimination by the Respondent as a Registered Club against the Complainant is substantiated and the following orders are made in respect of that complaint:. I)The Respondent is enjoined from continuing the unlawful conduct pursuant to section 108(2) (b) of the ADA. 2)The Tribunal orders that the Respondent Club cease discriminating against the Applicant on the grounds of her gender in respect of the opportunities to play in her same gendered competition on the Weekends available to her class of membership. The complaint of victimisation in relation to the Respondent Club's letter to the Complainant of 31 May 2010 is substantiated and the following orders are made in respect of that complaint:. The Tribunal orders that within 14 days of the publication of these reasons that the Respondent provide the Applicant with a letter addressing the following issues: a. An apology for not consulting with the applicant prior to imposing the restrictions b. A retraction of the implication that the Applicant had been disrespectful c. An apology for the upset attested to by the Applicant caused by the receipt of the letter d). A copy of this letter to be placed on any membership file relating to the Applicant. 3.The second complaint of victimisation in relation to the Club's change of Membership rules is dismissed. 4. The respondent is to pay two-thirds of the applicant's costs as agreed or, if not agreed, as assessed in accordance with the Legal Profession Act 2004. Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Texts Cited: Rees, N, Lindsay, K and Rice, S (2008) Australian Anti Discrimination Law Text, Cases and Materials; Federation Press Sydney. Category: Principal judgment Parties: Susan Walker (Applicant) Wakehurst Golf Club Ltd (Respondent) Representation: Counsel Elizabeth Raper (Applicant) Mary Cunningham (Applicant) Gordon Salier AM (Respondent) File Number(s): 101025